| STATE PROCEDURES |
| What is considered to be the date of separation in Alaska? |
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The term "separation date" refers to the date when the spouses stopped living at the same residence.
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| Do we have to be separated to get a divorce in Alaska? |
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No. There is no separation requirement in Alaska.
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| Where do I file my divorce papers in Alaska? |
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Divorce papers in Alaska are filed with the Clerk of the Superior Court in the judicial district where you live.
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| Will either of us be required to attend a court hearing? |
Yes, in Alaska, both spouses are required to attend a court hearing. However, if one spouse is unable to to attend the dissolution hearing in person:- He/she may ask the court to participate by telephone by filing a Joint Motion & Affidavit to Appear and Testify by Telephone and Order on Motion to Appear & Testify by Telephone.
- He/she may ask the court to have the hearing without being present at all by filing an Appearance and Waiver of Notice of Hearing.
These documents are included with your DivorceWriter package for your convenience.
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| What documents are included in the self-prepared Alaska DivorceWriter package? |
If you select an Alaska divorce without children, you are selecting the following forms:- Petition for Dissolution of Marriage
- Retirement/Military Pension Benefits Settlement Agreement
(if benefits are being divided) - Information Sheet
If you select an Alaska divorce with children, you are selecting the non-children forms as well as Child Support Worksheet(s).
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| How do I serve my spouse with the divorce papers in Alaska? |
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Formal service is not required in a divorce in Alaska when both parties agree to all terms of the divorce. Each spouse signs the Petition for Dissolution of Marriagein front of a Notary Public, which is then filed with the Court.
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| Can I change my name in Alaska divorce proceedings? |
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Yes, either spouse may request in the Petition for Dissolution of Marriage that a former name be restored or that a new name be authorized.
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| What are the Alaska residency requirements for filing for divorce? |
In Alaska, either spouse may file for divorce as long as the filing spouse is a resident of the state. Generally, one is an Alaska resident for the purposes of filing for divorce if you are in Alaska when the divorce papers are filed and the filing spouse intends to stay as a resident. if the filing spouse doesn't live in Alaska and the couple was married outside of Alaska, but the non-filing spouse is an Alaska resident, the filing spouse can still file for divorce in Alaska.
Note: In order for the court to have jurisdiction or authority to decide about child custody, a child normally must have been a resident of the state for at least 6 months before filing the custody case.
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| How much is the filing fee in Alaska? |
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In Alaska, the filing fee is $150.00.
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| How long does it usually take to finalize a divorce in Alaska? |
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In Alaska, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final divorce decree.
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| What are the basic steps to getting a divorce in Alaska? |
The steps for filing your uncontested Alaska divorce with DivorceWriter are as follows:- You review and sign the documents, then file the Petition for Dissolution of Marriage and other divorce documents with the court clerk.
- You then wait 30 days from when the Petition was filed before attending a final hearing.
- A judge completes your divorce by signing your Decree of Divorce.
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| What are the grounds for filing for divorce in Alaska? |
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The no-fault ground for filing for divorce in Alaska is "incompatibility of temperament has caused the irremediable breakdown of the marriage."
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| Does Alaska require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce? |
In most courts parents with children will not be granted a hearing on a petition for dissolution until both parents have viewed the 48 minute video, "Listen to the Children". The video is about what children feel when their parents divorce and what parents can do to make the divorce less painful for their children. After viewing the video, you will be given a Certificate of Completion. Some courts require that both parents file their certificates of completion at the clerk's office at the same time they file their petition for dissolution. In those courts, this means that you must see the video BEFORE you file your dissolution packet with the court. Check with your local court to understand whether the video is required and when you need to file the certificate of completion.
See Alaska Parent Education Requirements for specific court requirements.
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| CUSTODY, VISITATION, SUPPORT |
| When can a child support order be modified in Alaska? |
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Alaska law allows the modification of support orders upon a material change in circumstances. A material change in circumstances pursuant to AS 25.24.170(b). Rule 90.3(h) states that a material change in circumstances will be presumed whenever the change would result in an increase or decrease of support under the rule of at least 15%.
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| How is child support calculated in Alaska? |
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In Alaska, the percentage of income model is used in calculating child support.
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| What are the different types of custody in Alaska? |
In Alaska, there are four different types of custody:- Primary Physical Custody - when the child(ren) live with one parent more than 30% of the year, which comes out to 110 or more overnights and the other parent less than 30% of the year, or 110 or fewer overnights.
- Shared Physical Custody - when the child(ren) live(s) with each parent at least 30% of the year (at least 110 overnights with each parent).
- Divided Custody - One parent has primary physical custody of one or more children of the relationship and the other parent has primary custody of one or more other children of the relationship, and the parents do not have shared physical custody of any of their children.
- Hybrid Custody - The parents have primary physical custody of some of their children and shared physical custody of other of their children.
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| We already have a child support order issued by a judge. Will we be able to keep the same amount? |
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DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Petition for Dissolution of Marriage you will file with the Court.
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| What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines? |
DivorceWriter shows the child support calculation under the Alaska child support guidelines.
The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Petition for Dissolution of Marriage. The court will decide whether or not to approve the deviation.
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